A restaurant worker blinded in one eye by lye mix he was using to unplug a clogged drain cannot sue the maker of the substance on a defective design claim, a split Manhattan appeals panel has ruled.
A 3-2 panel of the Appellate Division, First Department, ruled in Chow v. Reckitt & Colman Inc., 653 7851/04, that plaintiff Yun Tung Chow’s “failure to heed the product warning was the sole proximate cause” of his injuries and dismissed Mr. Chow’s suit against Reckitt & Colman, the manufacturer of Lewis Red Devil Lye.
The First Department decision appears on page 32 of the print edition of today’s Law Journal.
